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93-IDA-16
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93-IDA-16
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La Porte TX
Document Type
Ordinances
Date
1/10/1994
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<br />e <br /> <br />e <br /> <br />\. <br /> <br />I. <br /> <br />City covenants, agrees and guarantees that during the term of this <br />Agreement, provided below, and subject to the terms and provisions <br />of this Agreement, said District shall continue to retain its <br />extraterritorial status as an industrial district, at least to the <br />II extent that9~~U~e~~s69~ers the Land leased by Company and its~A1 <br />~~ assigns~nless and un€~l the status of said Land, or a portion or <br />portions thereof, as an industrial district may be changed pursuant <br />to the terms of this Agreement. Subject to the foregoing and to <br />the later provisions of this Agreement, city does further covenant, <br />agree and guarantee that such industrial district, to the extent <br />that it covers said Land lying within said District and not now <br />within the corporate limits of city, shall be immune from <br />annexation by city during the term hereof (except as hereinafter <br />provided) and shall have no right to' have extended to it any <br />services by city, and that all Land, including that which has been <br />heretofore annexed, shall not have extended to it by ordinance any <br />rules and regulations (a) governing plats and subdivisions of land, <br />(b) prescribing any building, electrical, plumbing or inspection <br />code or codes, or (c) attempting to exercise in any manner whatever <br />control over the conduct of business thereon; provided, however, <br />it is agreed that city shall have the right to institute or <br />intervene in any administrative and/or judicial proceeding <br />authorized by the Texas Water Code, the Texas Clean Air Act, the <br />Texas Health & Safety Code, or other federal or state environmental <br />laws, rules or regulations, to the same extent and to the same <br />intent and effect as if all Land covered by this Agreement were <br />no~ subject to the Agreement. <br /> <br />II. <br /> <br />In the event that any portion of the Land has heretofore been <br />annexed. by --City, Company agrees to render and pay full ci ty ad <br />valorem taxes on such annexed Land and improvements, and tangible <br />personal property. <br /> <br />Under the terms of the Texas property Tax Code (S.B. 621, Acts of <br />the 65th Texas Legislature, Regular Session, 1979, as amended), the <br />appraised value for tax purposes of the annexed portion of Land, <br />improvements, and tangible personal property shall be determined <br />by the Harris County Appraisal District. The parties hereto <br />recognize that said Appraisal District has no authority to appraise <br />the Land, improvements, and tangible personal property in the <br />unannexed area for the purpose of computing the "in lieu" paYments <br />hereunder. Therefore, the parties agree that the appraisal of the <br />Land, improvements, and tangible personal property in the unannexed <br />area shall be conducted by City, at city's expense, by an <br />independent appraiser of City's selection. The parties recognize <br />that in making such appraisal for "in lieu" paYment purposes, such <br />appraiser must of necessity appraise the entire (annexed and <br />unannexed) Land, improvements, and tangible personal property. <br /> <br />Nothing herein contained shall ever be interpreted as lessening the <br />authority of the Harris county Appraisal District to establish the <br />appraised value of Land, improvements, and tangible personal <br /> <br />2 <br /> <br />--. <br />
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